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N.) 



SPEECH 



OF 



JOHN S. TYSON, ESQ., 



DELIVERED 



IN THE HOUSE OF DELEGATES, 



OF 



MARYLAND, 1825, 



ON THE 



]%w ;Btt^i,. 



BAL TIMORE: 

Press of O. D. JENKINS & COMPANY, 

104 IV. Fayette Street, 

1876. 



/ 



SPEECH 



OF 



JOHN S. TYSON, ESQ., 



DELIVERED 



IN THE HOUSE OF DELEGATES, 



OF 



MARYLAND, 1825, 



u . ON THE 



JSjW ©II^Ih. 



BAL r I MO RE: 

Press of O. D. JENKINS & COMPANY. 

104 W. Fayette Street. 

1876. 



/- no 






C^ 



Speech on the Jew Bill. 



Mr Speaker: 

After haviny been for twenty years eni;ai;Lcl in th.s ar- 
duous struggle for the rights of man, and susta'ned dur.ng 
the whole of that time repulse upon repulse, and disaster upen 
disaster, ha\ing felt the sweets of a vietory obtained at one ses- 
sion, embittered by discomtiture at another— the friends of 
religious toleration succeeded dm-ing the last assembh', in mak- 
ing a breach in the walls of the enemy. Under auspices the 
most favourable, with renewed \igour in their arms and ardour 
in their hearts, they again approach the broken wall, exclaming", 
in the language of Henry, before Harfleur, and with the like 
assurance ot success, 

"Once more unto the brcac'.i, dear friends, once more." 

It is natural tor us to inquire, wh\- the triun-,ph ot this cause 
has been so long delayed? 

I answer, because of the ignorance of some of the people, the 
prejudices of others, the bigotry of one portion, antl the honest 
but mistaken zeal' of another — an ignorance, prejudice, big:otry 
and zeal fostered by political demagogues, who, thcnigh in heart 
and soul they were neither Christian, Jew, nor Turk, professed 
to be the humble supp',)rters of the religion of Jksus. 



Hence it was, that an opinion ^\■as inculcated among the peo- 
ple, that the test bill, as it was called, was a bill to abolish 
Christianity-that the State was about to be inundated with 
Jews and Turks-that Maryland would become another Judea. 
and Baltimore another Jerusalem. Those demagogues have 
howexer, within the last year, preserved a commendable silence. 
The people have been left free, to think and act for themselves 
-and they have left their delegates free to think and act for 
themseh-es: and the question is now submitted to an unpledged 
legislature. 

On all constitutional questions, and particularly on one c f 
this kind, the first cry is, that the constitution is a sacred instru- 
ment, it ought not to be touched, it is much better to endure 
grievances than to remove them by an alteration of the consti- 
tution. 

In India, the people worship the great Mogul; in Europe, 
they w(.rship their kings and emperors; here, however they 
worship their constitution. This, though better than the others, 
is bad; because it is idolatry. Idolatry is still idolatry, whether 
the idol be a constitution or a king; and, I may add, that tyran- 
11)- is still tyranny, whether the tyrant be a piece of paper in the 
shape of law, or a despot in his kingly robes. As the idolatry 
ofap3ople towards their king is the strongest support of his 
despotism and the inherent vices of his nature, so the idolatrv 
of a people towards their constitution, is the strongest support 
of the tyranny of that constitution, and its inherent vices. 

Think not that I undervalue the great charter by which our 
government is bound togethcr-I venerate, though I do not 
adore our constitution; and it is because I venerate it, that I am 



anxious to purge it of whatever is ealculated to render it less 
and. less an object of reverence. 

The constitution itself gives us the right to alter and amend 
it. It is our duty to put this right in exercise, whenever ex- 
perience demonstrates its necessity. I would search for the 
evil even through the ruins of the superstructure, and cleansing 
the foundation, build up the edifice anew, rather than permit the 
evil to remain, until it should itself have undermined the consti- 
tution, and in some ill-fated moment should bring it down in ruin 
upon our heads. But, sir, the evil we are now considering, is not 
so difficult of access — it is upon the surface of the constitution, 
ay, sir, upon the house-top, a standing and disgraceful spectacle 
in the eyes of all the world. 

But the benefits (it may be said) of this act of toleration will 
be circumscribed within narrow limits, will be enjoyed by only a 
few individuals — so solemn an instrument as a state constitution, 
should not be altered for the benefit of a few. What then? 
Will you do it when their number shall be greater? No. You 
will then say, that it would be dangerous to grant constitutional 
privileges to so many Jews. Sir, the Hebrews of Maryland are 
more entitled now, if not to your justice, at least to' your sympa- 
thies and charity, than they will be when the present handful 
shall become a multitude; because they are weaker, more depen- 
dent upon your magnanimity ; less able to maintain of themselves 
the rights of freemen. Would you feel the less indignation 
towards the iron-hearted, grasping guardian, because the \ictim 
of his rapacity was an infant orphan? Oh! no, — you would 
execrate him the more, because of the weak and defenceless 
condition of the suffering innocent. 



So should you regard these unfortunate Hebrews. They are 
the political orphans of your state, not made so by their follies 
or their crimes; not by any 'of the natural and inevitable calami- 
ties of life; but orphans by desertion, abandoned by their parent 
— cheated of their birthright — nay, even deprived of their legit- 
imacy. 

But, sir, honour! the honour of the state is concerned. A 
nation may be dishonourable in a \ery small matter — a nation 
may be dishonourable, nay, even cruel, without committing a 
single act of dishonour or cruelty. If a clause existed in your 
constitution, which would subject to stripes or imprison- 
ment, every freeman who should flee from a foreign land for 
refuge to your shores — it might happen that not a solitary being 
would suffer himself to be the victim of such injustice; but would 
the nation be any the less dishonourable or cruel ? No— because 
dishonour and cruelty, as well as honour and humanity, are in 
the heart, in the intention, not in their external manifestation 
by outward signs. Therefore, although there was not a single 
Jew in Maryland, the clause which subjected them to oppres- 
sion being in the constitution, the dishonour is as great as it 
would be if a hundred thousand Jews suffered under its tyran- 
ny. 

The honour of the state, ( I repeat it again, ) the honour of 
the state is involved. The people of Maryland have gone on 
for many years past, as if they cared nothing about the honour of 
the state, when it was tarnished by themselves. They have 
jealousy enough for the honour of the nation abroad — if a for- 
eign frigate fires into an American sloop of war, or a foreign gov- 
ernment insults an American ambassador, how sensitive are we 



on the occasion. The cry of vengeance rings from Dan even un- 
to Beersheba. We are ready to put the whole nation in a pano- 
ply of ot^ence. But a much worse dishonour we will suffer to 
remain untouched, when inflicted by our own hands, upon our 
own country. Yet in my apprehension this is infinitely worse, 
because, in the former case, we being the victims of another's 
outrage, another shares a great portion of the shame, whereas, 
in the latter case, we bear it all alone. 

The next objection which I will notice, is one of a very sin- 
gular character, and yet I have frequently heard it in conversa- 
tion with some of the members of this house. They object to 
this bill, and will not vote for it, because it is only a Jew bill, 
and not also a Mahomedan bill — a Gentoo bill — in fine, a bill 
sweeping away ai once, every religious test from the face of the 
constitution. If such a bill were now before the house, I ven- 
ture to affirm that some of these very individuals would object 
to it because it was not exclusively a Jew bill — I am afraid, lest 
with some, this objection is used as a cover to the world for real 
sentiments, or as a quietus upon self-reproach. 

If there are any who sincerely entertain the objection, I 
would ask them, whether, by a universal abolition of the test bill, 
one of the objects to be gained, would be the relief of the He- 
brews? Why not join in their relief now? — have you charity 
enough to comprehend the whole multitude of discordant faiths 
in the world — and have you at the same time too little for 
the persecuted Hebrews alone ! 

I, sir, am as strongly in favour of the entire abolition of the 
test as any member of this house can be. Indeed, one of the rea- 
sons which have urged me to the support of the Jew bill, is the 



8 



belief that it would open the door for entire and unconditional 
toleration; but I know that I cannot obtain that now. Am I, 
therefore to suffer my charity to grow cold, and fall at once 
from the very boiling point to half a dozen degrees below zero? 
No ; I will keep it warm and vivid by exercising it upon the 
sons of Abraham. I would fear that if it should perish now, 
even a bill for the universal abolition of the test would not here- 
after be able to restore it to existence. 

Sir, I can see many strong reasons, convincing to my mind, 
why the portals of religious freedom should be first opened to 
the Israelite — his religion ranks next to ours — the God of the 
Christian is the God of the Jew. For the knowledge of that 
God, we are indebted to his fathers ; that knowledge, like the 
sacred fire of old, was preserved by them from century to cen- 
tury, until the power of Omnipotence, through the ministration 
of Jesus Christ, scattered it abroad upon the face of the 
earth, to burn with unextinguishable brightness. We owe to 
them the history of the antediluvian world ; we owe to them a 
great portion of the Holy Scriptures — above all, we owe to 
them the birth of Jesus Christ. Let them, therefore, first 
enter the temple of religious freedom, and not in company with 
the disciple of Mahomet, or the blood-stained worshipper of 
Juggernaut, whose presence is an abomination to the Jew. 

Having thus disposed of these preliminary objections, which, 
if admitted, would close the very door of discussion upon us; 
let us look at those which go to the merits of the bill. 

The Jews are unworthy of relief! Why are they so? Brino- 
forward your charges in the face of the day ; but first gather 
the dispersed of Judah, from the four winds of heaven, and as- 



semble them at the bar of this earthly tribunal, where mortal 
man presumes to act as the vicegerent of heaven. Sir, as an 
advocate of this people, I plead to your jurisdiction. I deny 
your right to preside over the consciences of men. Ah ! but, I 
hear you say, we have the power, and will exercise it. That is 
true. You have the power, and you will exercise it, and wc 
must prove our innocence, or suffer the punishment of guilt. 

When a tyrannical parliament had summoned the whole 
American nation at its tribunal bar, to show the cause why they 
should not be deprived of the rights of freemen, the immortal 
Burke stood forward as their champion. He told the British 
parliament that it was hard to draw a bill of indictment against a 
whole people. Were this great man now among us, and advo- 
cating (as he would advocate) the cause of the oppressed Israel- 
ite — he would say again: "It is hard to draw a bill of indict- 
ment against a whole people." There is nothing like it in the 
history of the world ; there is no instance on record of the trial 
of a whole nation at once, excepting that of the American peo- 
ple, before the British parliament, and the Hebrew nation, be- 
fore an American tribunal. The cases are alike. The difficul- 
ty is the same in each : it is, that no such charge can be drawn 
into any shape, that will be consistant with the constitution of a 
free people, or the rights of human nature. This is our argu- 
ment of strength, and if it be true, cannot be resisted. Exhibit 
your charges ! 

The Jews do not believe in Jesus Christ! This cannot be 
disputed as a fact, but it is disputed as a cause of accusation. 
Who made them Jews? The same being who made you a Chris- 
tian. They had as little control over the destiny which made 



lO 

them the sons of Abraham, as you had over that, which cast 
your lot among a Christian people. Born as you are in a Chris- 
tian community, taught no other faith, or taught it only as an 
object of execration ; is it wonderful that you profess the Chris- 
tian religion? 

Born as the Jews are, descendants from a line of ancestry, 
traceable to the first period of the world's existence, all profes- 
sing the same faith, a faith communicated by God himself, in 
the midst of thundering and lightning upon Mount Sinai, — edu- 
cated in this faith, from their earliest infancy, and wedded to it 
by the cementing power of persecution, is it wonderful that they 
should continue to profess it? The wonder would be, if they 
should burst through the mighty mound of circumstances in 
which they are intrenched, and come over. to the camp of 
Christianity. Sir, if they had been born as you were, they 
would have been Christians — if you had been born as they 
were, you would have been Jews. 

When, therefore, you censure the Hebrews for not being 
Christians, you arraign that mighty being who holds in his 
hands the reins of destiny, and who, for purposes inscrutible to 
us, has cast their lot in the midst of necessities, which compel 
them to be Jews. It is their fate, it may be their misfortune; if so, 
they are objects of Christian charity, not for Christian persecu- 
tion. Are you still disposed to condemn them, because they 
do not believe in the religion of Jesus Christ? I would ask, 
how many in this Christian community of those who are not 
Jews, are believers in that faith? how many in this assembly; I 
would emphatically ask, how many among those who oppose 
the claims of the children of Israel? You will answer all. 



1 1 



This may be true in one sense— all of you may have an historical 
belief of the existense of Jesus Christ, and a theoretical belief 
in the doctrines which he taught— but are you all believers in 
the true sense of the term? do you practise what you profess? 
If you do not, then are you in a worse condition than the Jew, 
who to the uttermost of his humble powers, fulfils the law of 
Moses. He lives up to the light and knowledge which he has 
received— you act against that which you profess. You have 
been born in the midst of Christianity— you have imbibed it, I 
had almost said, with your mother's milk; you have from the 
pulpit, week after week, and in the closet, day by day, received 
line upon line, and precept upon precept: yet you wander from 
the line, and disobey the precept. The Jew has none of your 
advantages, and yet he does no worse than you ; nay, he does 
better, for the faithful Jew practices Christianity without profes- 
sing it — you profess it without practicing it. 

"Judge not therefore, lest you be judged, for with whatsoev- 
er measure you mete, it shall be measured to you again." 
Whosoever here is w^ithout this sin, let him cast the first stone. 
If this advice be taken, I am inclined to think that very few- 
stones will be thrown; no, not one — for I am confident that 
those who are without this sin, possess too much of the spirit of 
Christianity, to raise the hand of violence against these unfor- 
tunate sons of persecuted fathers. 

But you may say, we do not condemn the Jew because he dis- 
believes in a different religion, but because the principles of his 
religion are dangerous in a Christian community. 

I ask, how long have this race of people existed in this coun- 
try ? and when have they manifested that their principles were 



12 



dangerous in a Christian community? Sir, they have existed 
here ever since the first settlement of the American colonies, 
during all which time, nothing of this dangerous character have 
they manifested. They have been as harmless as doves — like 
lambs before their shearers, they have not opened their mouths, 
even in reproach for the persecutions they have received. 

But the religion of that people, it will be said, though inno- 
cent in private life, is dangerous in the administration of govern- 
ment. This supposes the establishment of the Jewish religion 
as the government religion. The object of this bill is not to do 
that. If you mean to say, that within the limits of possibility 
the Jewish religion may become the state religion, if it be en- 
couraged by the passage of this bill, and therefore you ought to 
oppose it — I reply, you adopt an argument which goes to the 
exclusion of every religious sect in the community — Catholic, 
Protestant, and Dissenter. But you may say that these are 
Christians, and they would not seek any ascendency over their 
fellow Christians. If they ivere to gain it, they would not abuse 
their authority as the Jew would. Sir, this is reasoning against 
human nature, and in the face of history. Cloak religious pow- 
er as you will, you will always discover with it one inseparable 
companion^the disposition to abuse it. 

There is not a religious sect in the world, which has not 
abused power when it possessed it. Did not the pious Calvin, 
when he held the two-edged sword of civil and religious power, 
stain it with the blood of persecution? Did not the devout Pres- 
byterians, who fled from the tyranny of British intolerance to 
build the Church of God upon the rock of Plymouth, forget the 
day of their past calamity, and stain even the paradise of liberty 



13 

with the blood of martyrs ? Hut not to j^o to past ajj^es, look 
at England, or rather look at Ireland. Vou there see six mil- 
lions of Catholics, with human hearts in their bosoms, cheated pf 
their birth-right, enslaved and trampled upon by the leaden foot 
of religious tyranny. 

You cannot expect more than this from the Jewish religion. 
And yet you have more to fear from e\ery Christian sect than 
from the Jews, because every such sect is more numerous, and, 
therefore, more likely to usurp religious power. 

Besides, a Jewish hierarchy can only be supported by the 
laws of Moses. These never can be introduced into this coun- 
try. For, in order to enforce them, there must be a temple; 
that temple must be established at Jerusalem ; there must be an 
especial order of priesthood, an order, which since the destruc- 
tion of the former priesthood, can only be established by divine 
authority. The idea of the establishment of the Hebrew religion 
in Maryland, as the government religion, is preposterous in the 
extreme; it is a conjuration too weak to terrify even infant 
apprehension. If this state of Maryland were the only spot on 
all the earth that afforded a resting place for these wandering- 
sons of Judah, in their pilgrimage through all lands, we might 
fear an inundation — but, 

"The world is all befcre them, where to choose 
Their place of rest, and Providence their guide." 

They have, however, chosen one country, as the abiding 
place of their posterity. The Jews of the east look to the west 
— those of the west look to the east, and they all cast their eyes 
on that sacred spot, where, amid all the sublimities of nature, 
the divine law of Moses was first given to the Israelites. That 



H 

is their place of future rest on earth. 

The last accusation which I shall notice is one of a heinous 
character indeed — The Jews crucified the Saviour of the world ! 
-What Jews? Not the Jews of this age or this country — not the 
Jews of Maryland — the deed was done eighteen hundred years 
ago, and in a period of consummate wickedness throughout the 
world. We have divine authority for saying that the sins of the 
fathers shall not be visited upon the children later than the third 
and fourth generation — and shall the flame of human ven- 
geance burn for twenty centuries? 

There is not a devout Jew in existence, who does not mourn 
the deed done on Calvary. It was a bloody deed, and bloodily 
has Judah answered it. The generation who witnessed the cru- 
cifixion had not passed away, ere the furies of fire and sword, 
famine and pestilence, mingled in the work of her destruction. 
Far and wide, 

"Temple and town went down, nor left a site. 

Chaos of ruins ! who .shall trace the void 

O'er the dark fragments, cast a lunar light, 

And say: here is, cr zvas, where all is doubly night ? "' 

Thousands were slain by the sword — the rest were carried 
into captivity; no age, sex, or condition was regarded; the very 
name of Judea was blotted from the roll of nations. Was not 
this enough? 

Their descendents, from generation to generation, for twenty 
centuries, have been the victims of a persecution, unparalled in 
the history of any other people. In every period of the world's 
history, in every nation under heaven, by every sect, they have 
been imprisoned, tortured, and massacred — sewed up in the 



15 

skins of wild beasts, and thrown to the dogs in Asia — cliainccl 
to the gallinc^ oar for life in Africa— burned to death in Spain- 
Hayed alive in Italy— fleeced and sentenced to banishment from 
time to time in Eng-land — plunged into the catacombs in France 
— knouted in Russia, or driven to perish in the wilds of Siberia. 
Is not this enough? 

It was only a few years since, that a poor Jew in Polish Li- 
tiiuania, was condemned to be tortured to death on account cf 
his religion. They cut off his hands, and then thrusting the 
bleeding stumps into a pot of boiling pitch, called upon him to 
recant. He only exclaimed. Oh God of Abraham.! have mer- 
cy upon them! Oh God of Isaac! have mercy upon them! 
Oh CioD of Christ ! have mercy upon them! and then expired. 
Which of these, Mr. Speaker, was the Christian? The records 
(may I say,) of heaven, will bear testimony in favour of the Jew. 

Ought not the world to be tired of such scenes? Shall we, 
instead of execrating them, join in the fell spirit by which they 
are prompted? We join in this spirit if we deny them the rights 
of freemen — the inalienable rights of human nature. We do 
deny them these rights, when we refuse to pass the bill now 
upon your table. By the constitution of our and their country, 
by the constitution of human nature, are they entitled to those 
civil and religious privileges which this bill is Intended to con- 
fer upon them. 

As the data upon which I found this position, I refer you to 
the immortal instrument which preserved to us the like privi- 
leges, when the hand of foreign domination was raised to crush 
them. I mean the charter of our independence. "We hold 
these truths to be self-evident— that all men are created equal:" 



i6 



— the Jews are men; therefore created your equals — but do you 
treat them as such? No. For you say they are unworthy to sit 
by your side in the administration of a free government. — "And 
endowed with certain inahenable rights. That among these are 
life, liberty, and the pursuit of happiness." But you have cur- 
tailed them in their liberty — you have hindered them in their 
pursuit of happiness; the best of all kinds of liberty, religious lib- 
erty; and the purest of all sorts of happiness, eternal happiness. 
" For the preservation of these, governments are instituted among 
men." — But your government is instituted for their destruction. 
You ha\e put them under the ban of the republic. " Deriving 
their just power from the consent of the governed." They never 
gave you power to deprive them of their- civil and religious 
privileges. The people of Maryland did not surrender to the 
convention who framed their constitution the right to control 
their consciences. They could not surrender it, because it was 
an inalienable right. 

Sir, do you not acknowledge the force of this instrument? 
Your articles of confederation are founded upon it, and your 
existence as a state in the great union is founded on the articles 
of confederation. It is a component part of the constitution of 
that union, and endowed with its power. In opposition to 
every state enactment, this power is omnipotent. The clause, 
therefore, denying civil and religious freedom to the Jews is ex- 
punged from your constitution. The bill now on your table 
gives to that people no new rights, it merely preserves to them 
rights which are immutably and inalienably theirs. 

.Sir, if you continue to enforce this outlawed clause of your 
constitution, you rear up with the hand of arbitrary power, that 



17 

worst of all monsters, a religious hierarchy. Uo not the words 
fri'^hten you? and yet they are true. — The princijilcs upon 
which you uphold even the pure Christian religion, to the ex- 
clusion of every other, are the principles which uphold the in- 
<.luisitorial government of Spain, and the Episcopal hierarchy 
of England. The right to put up one religion, is the right to 
put down another — the right to put down one is the right to put 
down all; and the right to put down all, is the right to build up 
one upon their ruins. The right to build up or pull down in one 
particular, involves the right to do so in all; and you may, 
therefore, vvhenever you choose it, establish a Presbyterian church 
government, an Episcopalian church government, or any other 
church government, upon the ruins of every other religious so- 
ciety; nay, upon the ruins of civil government itself 

In order to prevent these terrible consequences, let us vote 
for the bill now upon the table. Let us pronounce a verdict of 
not guilty in favor of the persecuted sons of Abraham. It will 
be registered in heaven — the recording angel will drop a tear of 
joy as he notes it down, and all the melody of heaven will join 
in hallelujahs on the event. 

Some gentlemen are angry with this bill, and will not vote for 
it, because it has taken up so much of the time of the house. 
Sir, the only way to get rid of this bill is to vote for it — other- 
wise, it will return upon you again; it is invulnerable and immor- 
tal ; cut off one head, another will rise in its stead. Next to the 
dishonour of suffering this stain upon our constitution, would be 
the ignominy we should suffer should it be said, with truth, that 
no one in the legislature of Maryland could be found, bold and 
honest enough, to defend the cause of religious toleration. I 



i8 



will guarantee that one gentleman, at least, will do all he can to 
prevent so foul a tarnish on our name and character. Should 
it please the caprice of the people to remove him from the coun- 
cils of the nation, or the wisdom of Providence to call him to a 
better world, I guarantee that anothcj' will succeed him, though 
he will be little able to supply his place. 

I beg pardon of the gentleman from Washington for thus 
introducing him to the house. I could not do otherwise, be- 
cause his name is identified with the Jew Bill. You cannot think 
of one without thinking of the other — he was an early champion 
in the cause; Atlas-like, he bore it upon his shoulders at a time- 
when it was too heavy for all other men — it fell — he raised it — 
it fell again — he raised it again — and again. Like Si syphu s, he 
he was compelled, alternately, to roll up the stone, and suffer 
its recoil. The enemies of religious freedom in Washington 
withdrew from him their support, and he ceased to be a member 
of this house. Even then, ha continued to labour in the cause. 
He once more comes into the hall of legislation, and his \'ery 
ilrst act is to bring the Jew bill before the house! Let him con- 
summate the work — He began it, it is his right to end it. Let 
him be both Alpha and Omega. I would pray for the stamp 
of immortality on what I have said, merely to perpetuate h.s 
glory. 









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